The defendant is charged [in count __]
with criminal trover in the second degree. The statute defining this offense
reads in pertinent part as follows:

a person is guilty of criminal
trover in the second degree when, knowing that (he/she) is not licensed or
privileged to do so, (he/she) uses the personal property of another without the
consent of such owner, and such use results in damage to or diminishes the value
of such property or subjects such owner to economic loss, fine or other penalty.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Used property of
anotherThe first element is that the
defendant used the personal property of another. <Identify the property.>

Element 2 - Without consentThe second element is that (he/she)
did not have the consent of the owner. "Owner" means not only the true or
lawful owner, but any person who has a superior right to that of the defendant.
A person does an act "without consent of another person" when (he/she) lacks
such other person's agreement or assent to engage in the act.

Element 3 - With knowledgeThe third element is that (he/she)
knew that (he/she) was not licensed or privileged to do so. To be "licensed or
privileged," the defendant must either have consent from the person in
possession of the property or have some right to use the property. A person
acts "knowingly"
with respect to conduct or circumstances when (he/she) is aware that (his/her)
conduct is of such nature or that such circumstances exist. <See
Knowledge, Instruction 2.3-3.>

Element 4 - Damage to property
or other economic lossThe fourth element is that the
defendant's use of the property without the owner's consent

resulted in damage
to or diminished the value of the property.

subjected the owner
of the property to economic loss, fine or other penalty.

"Economic loss" includes uncompensated
economic loss that exceeds $500 suffered by an owner of personal property who is
engaged in the business of renting or leasing personal property when a person to
whom the owner has rented or leased the property pursuant to a written agreement
providing for the return of the property at a specified time fails to return the
property within 120 hours after the owner sends a written demand to the person
for the return of the property by registered mail addressed to the person at the
person's address as shown in the written agreement, unless a more recent address
is known to the owner. Acknowledgment of the receipt of such written demand by
the person shall not be necessary to establish that 120 hours have passed since
such written demand was sent.1
<Review evidence pertaining to demand letter.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant used personal property of
another, 2) (he/she) did not have the consent of the owner, 3) (he/she) knew
that (he/she) was not licensed or privileged to use the property, and 4) <insert
specific allegations regarding damages, loss, fine or penalty>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
criminal trover in the second degree, then you shall find the defendant guilty.
On the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the defendant
not guilty.
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1
General Statutes 53a-126b (b). "The provisions of this subsection shall not
apply to personal property that is rented or leased (1) for personal, family or
household purposes, or (2) pursuant to chapter 743i [Consumer Rent-to-Own
Agreements]."